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Madras High CourtWP(MD)/13007/2015disposed of

R. Sathish Kumar, v. The District Collector,

2017-09-11Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.13007 of 2015 and M.P(MD)No.1 of 2015 R.Sathish Kumar ... Petitioner Vs.

1. The District Collector Tiruchirapalli District.

2. The Superintending Engineer, Office of the Tamil Nadu Highways Department, Mannarpuram, Tiruchi - 20.

3. The District Revenue Officer, Tiruchirapalli District, Tiruchirapalli

4. The Revenue Divisional Officer, Lalgudi Division, Lalgudi Taluk, Tiruchirapalli.

5. The Tahsildar, Taluk Office, Lalgudi Taluk, Tiruchirapalli District.

... Respondents PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus restraining the respondents from acquiring the Land and taking illegal possession of more than 00003 sq. mts. in Iyan Punja in Old Survey No.131/3, New Survey No.131/3E in Siruthaiyur Village Lalgudi Taluk, Tiruchirapalli District in accordance to the notification in Item 40 dated 25.01.2012 on the file of the third respondent herein.

For Petitioner : Mr.V.Illanchezian For Respondents : Mr.J.Gunaseelan Muthiah, Government Advocate

O R D E R

This writ petition has been filed, seeking to restrain the respondents from acquiring the land and taking illegal possession of more than 00003 sq. mts. in Iyan Punja in Old Survey No.131/3, New Survey No.131/3E in Siruthaiyur Village Lalgudi Taluk, Tiruchirapalli District in accordance with the notification https://hcservices.ecourts.gov.in/hcservices/

in Item 40 dated 25.01.2012 on the file of the third respondent herein.

2. Heard the learned Counsel appearing on either side.

3. When the matter is taken up for hearing, the learned counsel for the petitioner has submitted that the petitioner is not questioning the process of land acquisition. Actually, the respondents have issued proceedings to acquire his land only in respect of 3 sq.mtrs, but whereas the respondents have mistakenly earmarked 17 sq.mtrs. of his land during the process of acquisition.

4. In reply to the above, the learned Government Advocate appearing for the respondents has submitted that the respondents are going to conduct re-survey of his land on due intimation to the petitioner.

5. Recording the said submission made by learned Government Advocate, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To:

1. The District Collector Tiruchirapalli District.

2. The Superintending Engineer, Office of the Tamil Nadu Highways Department, Mannarpuram, Tiruchi - 20.

3. The District Revenue Officer, Tiruchirapalli District, Tiruchirapalli

4. The Revenue Divisional Officer, Lalgudi Division, Lalgudi Taluk, Tiruchirapalli.

5. The Tahsildar, Taluk Office, Lalgudi Taluk, Tiruchirapalli District.

+1cc to M/S. V.ILLANCHEZIAN, Advocate, SR.No.75465. W.P(MD)No.13007 of 2015 30.08.2017 rm/ar SDS/SV/SAR 2/31.08.2017/2P/7C https://hcservices.ecourts.gov.in/hcservices/